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Protecting Dal Lake: HC orders release of vehicles against Rs 15000
5/26/2015 12:11:55 AM
Early Times Report

Srinagar, May 25: The J&K high court has ordered owners, seeking release of their vehicles caught by police for carrying construction material inside Dal Lake, to deposit Rs 15000 besides file an undertaking before Registrar Judicial.
Disposing of a number applications, a division bench of the court comprising Chief Justice N Paul Vasanthakumar and D S Thakur told the applicants that their vehicles were involved for the first time in carrying building material in violation of the prohibitory orders. That they would not use the vehicle to carry any building construction material in violation of the court order in future and that the vehicle to be released was not facing any criminal proceedings before any court, the bench directed.
The seized material shall remain in custody of the police concerned subject to further orders to be passed by the competent criminal court.
They have also to give the undertaking that if the vehicle once released by the court order is found again violating the prohibitory orders, the same shall not be released till finalization of the criminal proceedings by the competent court. The affidavit to be filed by the owner of the vehicle, stating that the vehicle of the applicant is involved for the first time in carrying the building construction material in violation of the prohibitory orders, shall be verified by the concerned police authority before releasing the vehicle, the bench added.
On 19-7-2002, the court had passed an order that the authorities shall prevent transportation of building construction material of any kind whatsoever into the water bodies.
It had also ordered that the building construction shall remain prohibited within 200 meters from the centre of the foreshore road and it was further directed that wherever the road has been constructed, no erection of buildings shall be allowed.
Earlier in his submission, Advocate General R A Jan submitted that in spite of the prohibitory orders issued by the court, the vehicles were being used to transport the building construction material.
He said that unless strict view was taken by the court, the construction activities would go on and the orders of the court cannot be implemented by the authorities effectively. The court was hearing a Public Interest Litigation, seeking directions to protect the world famous Dal Lake.
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